N.J. Admin. Code § 7:31-10.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:31-10.3 - Exclusions from confidential information and privileged trade secret or security information

(a) Information required to be submitted or disclosed to the Department pursuant to the Act or this chapter which meets the following criteria shall not be considered as confidential information, regardless of any claim or petition either pending or approved:

1. The name of the owner or operator, his or her address, and the name and location of his or her EHS facilities;

2. The chemical or common name, Chemical Abstract Services number, United States Department of Transportation identification number, extraordinarily hazardous substance name or other identifying name for the substances listed in Table I in N.J.A.C. 7:31-6.3, or any regulation promulgated under the Act;

3. Information required to be publicly disclosed pursuant to any other Federal or state act or regulation;

4. Information supplied to the Department by an owner or operator contained within the RMP;

5. Information required to be publicly disclosed pursuant to a court order or ruling;

6. Information which is patented;

7. Information which is published or available through any public source;

8. Information which is known to persons outside the owner or operator's business, who are not bound by a confidentiality agreement or other duty to keep the information confidential;

9. Information which is determined not to be confidential information pursuant to this chapter;

10. (Reserved)

11. Information required to be included in the registrant's emergency response plan pursuant to N.J.A.C. 7:31-5.1 through 5.2; and

12. Information submitted or disclosed to the Department by an owner or operator which is not marked or which does not display in bold type or stamp the word "Confidential" on the top of each page.

(b) At a minimum, the following information required to be submitted or disclosed to the Department pursuant to the Act or this chapter shall not be considered privileged trade secret or security information regardless of any petition either pending or approved:

1. Process hazard analysis with risk assessment records;

2. Safety review records;

3. EHS accident records;

4. Process flow and piping and instrumentation diagrams;

5. Standard operating procedures;

6. Preventive maintenance procedures;

7. Inspection reports;

8. Safety and emergency procedures;

9. Training records and procedures;

10. Design criteria and standards and operating consensus standards; and

11. Inherently safer technology review reports.

N.J. Admin. Code § 7:31-10.3

Amended by R.1993 d.358, effective 7/19/1993.
See: 25 N.J.R. 1425(b), 25 N.J.R. 3156(a).
Amended by R.1998 d.355, effective 7/20/1998.
See: 30 N.J.R. 908(a), 30 N.J.R. 2728(a).
In (a), substituted references to owners and operators for references to registrants throughout, changed N.J.A.C. references in 2 and 11, rewrote 4, and reserved 10; and in (b), rewrote 1, deleted a former 3, recodified former 4 through 11 as 3 through 10, and rewrote 10.
Amended by R.2009 d.85, effective 3/16/2009.
See: 40 N.J.R. 5109(a), 41 N.J.R. 1206(b).
In the introductory paragraph of (b), inserted a comma following "minimum"; in (b)9, deleted "and" from the end; in (b)10, substituted "; and" for a period at the end; and added (b)11.